In re the Estate of Pierce

Order unanimously affirmed, with costs. Memorandum: The Onondaga County Commissioner of Social Services contends that the preferred creditor status granted by subdivision 1 of section 104 of the Social Services Law and SCPA 1811 (subd 2, par [a]) mandates that the county’s lien filed against the deceased debtor’s estate is superior to the respondent Crouse-Irving Hospital’s judgments, which were docketed during decedent’s lifetime. We disagree. Subdivision 1 of section 104 of the Social Services Law grants to the Social Service agency a preference over the “general creditors” of a recipient…